Prisoner informants won't testify in Joe Cool case

They say they heard confession

Two jailhouse informants who say they heard incriminating statements from a suspect in the Joe Cool murder-at-sea case won't be called to testify at trial, federal prosecutors stated in a motion.

The government's announcement came after attorneys for Guillermo Zarabozo sought to have the so-called confession thrown out, claiming it violated Zarabozo's right to be represented by an attorney during questioning.

A hearing on the matter is set for this afternoon before U.S. District Judge Paul Huck in Miami.

Zarabozo, 20, of Hialeah and Kirby Archer, 36, of Strawberry, Ark., are charged with murdering Joe Cool captain Jake Branam, 27; his wife, Kelley Branam, 30; his half-brother, Scott Gamble, 35; and first-mate Samuel Kairy, 27 on Sept. 22. Zarabozo and Archer, who paid $4,000 to charter the boat to Bimini, were discovered in a life raft a short distance from the abandoned vessel.

Prosecutors contend Zarabozo and Archer planned to take the boat to Cuba and murdered the crew when they resisted. A trial is set for June, but could be postponed if prosecutors seek the death penalty.

According to court records, Zarabozo recounted his version of events to a fellow inmate in Miami's Federal Detention Center. Zarabozo allegedly said that Archer argued with the boat's driver over taking the boat to Cuba and killed the four people with Zarabozo's gun. A second inmate told prosecutors he overheard the conversation.

But the confession posed problems for prosecutors. First, it could not be used against Archer, meaning the government might have to try the two defendants separately. Second, the inmates would have obvious credibility problems, because they are convicted felons seeking sentence reductions.

Zarabozo's lawyers also argued the confession should be thrown out because it violated his right to counsel. Defense lawyers said prosecutors intentionally placed known informants next to Zarabozo to elicit a confession.

Prosecutors insisted the government had "no agreement or prearrangement" with the men to seek a confession from Zarabozo.

Vanessa Blum can be reached at vbblum@sun-sentinel.com or 954-356-4605.